SB15-285: A Woman’s Right To Accurate Healthcare Information

Bill Number: SB15-285

Year: 2015

ACLU Position: Oppose

Sponsors: Neville, Saine/Neville

Description:

The bill requires that accurate ultrasound and medical information be provided by a physician to a woman who may be considering the termination of a pregnancy. The bill requires that a woman provide voluntary and informed consent to an abortion. The bill describes the information that constitutes voluntary and informed consent that the physician performing the abortion provides to the woman.
The bill requires that at least 24 hours prior to performing an abortion, the abortion provider shall provide the woman the following:
• The opportunity to receive a photo of a current ultrasound of the unborn child;
• The probable gestational age of the unborn child;
• A description of the development of the child’s nerve endings and the child’s ability to feel pain at each stage of development;
• A statement that the woman is free to withhold or withdraw her consent to the abortion at any time without affecting her right to care or treatment in the future and without the
loss of any state or federal benefits to which she might otherwise be entitled; and
• Any other medical or other information that a reasonable patient would consider material to the decision of whether or not to have an abortion.
The bill describes the conditions under which the information is provided.
The bill requires the woman to sign a statement that she received the required information, and the provider shall sign a statement that he or she provided the required information.
The bill prohibits an abortion provider from accepting payment or legally or otherwise binding a woman to make payment for the performance or inducing of an abortion prior to the expiration of 24 hours from the abortion provider’s fulfillment of all of the required provisions.
The bill creates a civil right of action for noncompliance with the requirements, making a physician’s noncompliance with the requirements unprofessional conduct and a violation of the requirements a crime.